대여금 등 청구의 소
1. The Plaintiff:
A. Defendant B and C are jointly and severally 65,979,452 won, Defendant D and C jointly and severally 8,815,067 won and each of the said money.
1. Basic facts
A. The Plaintiff is a company mainly engaged in the liquor distribution business. Defendant B is one of the J points, Defendant D is the K points, Defendant E is the L points, Defendant G is the M points, and Defendant H is the one of the N points and O points.
B. The Plaintiff loaned operating funds upon entering into a liquor supply contract with Defendant B, D, E, G, and H. The main contents of each loan and transaction agreement (hereinafter “instant agreement”) written at the time are as follows.
Article 1 (Conditions of Transaction) A (Plaintiffs) shall provide support to B (each Defendant) as follows and at the same time purchase and sell only all alcoholic beverages necessary for the business of goods sold by B, and agree as follows:
The Period of Transaction: This Agreement is agreed to make a transaction for at least three years.
(b) Cash loan: A shall lend money to B in cash.
(c) Repayment of loans: B shall make a long-term loan in equal installments for a period from the following month to be repaid, and shall be remitted to a designated bank from the following month to the designated bank, or shall be paid to the employee of A or the Company A.
Article 2 (Security) B shall provide real estate as security or prepare and pay a notarial deed to A for the guarantee of payment for the remainder of the debt to B, such as the outstanding balance of long-term loans and the credit amount incurred at the time of the transaction of goods.
Article 4 (Termination of Contract) A may unilaterally terminate this Agreement when any of the following events occurs:
B shall make every effort to increase sales of the goods provided by Gap during the contract period of this Agreement, but in case where Eul has violated this Agreement and has purchased or has attempted to purchase alcoholic beverages through the same kind of other alcoholic beverage wholesalers in the middle of that Agreement.
(b) Where a person purchases alcoholic beverages illegally or by means of large discount stores, supermarkets, etc.;
(c) The repayment of a loan is overdue at least twice or the request for the payment of credit is refused without good cause.